REGULAR MEETING JULY 15, 2003:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, July 15, 2003, at 7:30 P.M.

PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda L. Little, Assistant City Manager Jeff Mikorski, City Attorney Steve Fanok and Council Members Ron Bane, Frank Scafella, Teresa Miller, Bill Byrne, Don Spencer. (Jim Manilla Absent).

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes of the regular meeting on July 1, 2003, were approved as printed.

CORRESPONDENCE:

Mayor Justice summarized a letter from Martin Christ and Councilor Byrne appointed as official contact to Deckers Creek Restoration Team.

PUBLIC HEARING - AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT REGARDING THE FINANCING AND CONSTRUCTION OF A NEW WATER TANK AND SUPPORTING WATER LINES IN THE VICINITY OF "THE MILEGROUND":

Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.

There being no appearances or objections, Mayor Justice declared this hearing closed.

UNFINISHED BUSINESS:

AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT REGARDING THE FINANCING AND CONSTRUCTION OF A NEW WATER TANK AND SUPPORTING WATER LINES IN THE VICINITY OF "THE MILEGROUND": The following entitled Ordinance was presented for second reading:

AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, MONONGALIA COUNTY DEVELOPMENT AUTHORITY, MORGANTOWN UTILITY BOARD, AND MONONGALIA COUNTY COMMISSION REGARDING THE FINANCING AND CONSTRUCTION OF A NEW WATER TANK AND SUPPORTING WATER LINES IN THE VICINITY OF "THE MILEGROUND".

After discussion, motion by Scafella, second by Byrne, to adopt the above entitled ordinance. Motion carried 6-0. (Manilla Absent).

BOARDS AND COMMISSIONS:

By acclamation, George Papandreas was appointed to the Parking Authority and Ronald Wilson was appointed to the Citizens Advisory Committee.

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PUBLIC PORTION:

Lou Scotchel, Classics Restaurant, spoke about flooding of the bridge at Marilla and adding a third lane to Route 7.

Milton Cohen, 1060 Ross Street, commented on the City Charter.

City Manager Boroff replied to Mr. Scotchel that the City owns the Subterranean bridge. It will cost millions of dollars to replace and state and federal funding will be sought. City crews do get there as soon as possible when there is a problem.

Mayor Justice welcomed Paul Sunyak and WVU Journalism School students. Mr. Sunyak thanked Council for support and cooperation with students.

SPECIAL COMMITTEE REPORTS:

Mayor Justice reminded Council of the Solid Waste Task Force meeting.

NEW BUSINESS:

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH THE MPO REGARDING AIRPORT OFFICE SPACE: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND THE MONONGALIA COUNTY PLANNING ORGANIZATION (LESSEES) REGARDING OFFICE SPACE WITHIN THE MORGANTOWN MUNICIPAL AIRPORT'S SOUTH TERMINAL.

After discussion, motion by Byrne, second by Miller, to pass the above entitled ordinance to second reading. Motion carried 5-0. (Justice Abstained, Manilla Absent).

AN ORDINANCE AMENDING THE FY 2003-2004 ANNUAL BUDGET AS APPLIES TO THE COAL SEVERANCE FUND: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AMENDING THE FY 2003-2004 ANNUAL BUDGET OF THE CITY OF MORGANTOWN AS SHOWN IN THE REVISED BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE COAL SEVERANCE FUND.

After discussion, motion by Miller, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Manilla Absent).

RESOLUTION TO ADMINISTER GRANT FUNDS IN THE AMOUNT OF $166,983.00 FOR PROJECT NUMBER 03-DC-12 PURSUANT TO PROVISIONS OF THE DRUG AND VIOLENT CRIME CONTROL PROGRAM.: The above entitled Resolution was presented for Council's approval.

After discussion, motion by Scafella, second by Byrne, to pass the above entitled Resolution. Motion carried 6-0. (Manilla Absent).

CITY MANAGERS REPORT:

INFORMATION:

Item No. 1:

As per Mr. Cohen's request and your direction, all future Morgantown oaths of offices will include the phrase "and support the Charter of the City of Morgantown".

Item No 2:

The City Airport will host an Open House of the new Aircraft and Rescue Fire Fighting Facility on July 24, 2003, from 4:30 pm. until 7:00 pm. The public is encouraged to attend and tour the new building and learn how it will serve the Airport.

Item No 3:

As reported in the press, there has been considerable controversy and delay in executing WV Economic Development grants awarded last year. It now appears though a major part of the impasse has been cleared and the City has been invited to resubmit its applications. This was done prior to the July 11, 2003, deadline. The first application seeks $26,870,000 for the completion of the Waterfront Place Complex (previously approved for $13,900,000). The second application requests $10,000,000 for the public parking garage that will support the Square at Falling Run.

After a request by Councilor Miller, City Manager Boroff gave an update on conditions caused by the flooding.

NEW BUSINESS:

Item No. 1:

Two years ago, Council budgeted funds for the Chancery Row Streetscape Project in the Downtown. Since that time the City has worked with Main Street, Property Owners, and Design Engineering firms to effect the project. This past week, bids were opened for its construction. $50,000 is budgeted and as you will read [bid results attached], the low bidder is Laurita Excavation with an adjusted project bid of $92,765. Despite the overrun, I recommend the project be awarded to assure that it is constructed this year. The cost difference can be loaned from the sidewalk program (current balance $253,000 ) and a $10,000 contribution from Main Street.

After discussion, motion by Miller, second by Bane, to award Laurita Excavation the Chancery Row Streetscape Project for $92,765. Motion carried 6-0. (Manilla Absent).

CITY CLERK'S REPORT:

No Report.

CITY ATTORNEY'S REPORT:

No Report.

REPORT FROM COUNCIL MEMBERS :

Councilor Bane: Councilor Bane requested a skate park progress report, noted flooded houses on West Virginia Avenue and concerns with the Square at Falling Run.

Councilor Manilla: Absent. Councilor Bane relayed Manilla's short term Beechurst Avenue concerns and Councilors on Boards and Commissions.

Councilor Scafella: Councilor Scafella reported on skate park progress, addressed the subterranean bridge and Boards and Commissions commitments. Councilor Scafella noted the DOH has refused all the short term proposals for Beechurst Avenue, predicted 90% - 95% unanimous Council votes for the future, Willowdale speeding on COW.

Councilor Miller: Councilor Miller proposed Riverview Drive for experimental speed hump, noted training session for BZA and Planning Commissions, and commented on Boards and Commissions commitments.

Councilor Byrne: Councilor Byrne requested a Vandalia speeding update, commented on Maple Avenue as one way, seeking special appropriation funding for the subterranean bridge, the MPO should deal with Beechurst Avenue, and the appearance of town.

Councilor Spencer: Councilor Spencer addressed 10 items: July 8^th flooding, oath of office wording, air quality assessment reports, parking enforcement, vision and mission statements, paving the loop between 2 downtown intersections, downtown storm drainage, trash information report from BFI, Square at Falling Run, bridge at Marilla, and BOPARC's Arts in the Park program.

City Manager Boroff replied that MUB will be doing a systematic review of flood causes and responded, by request, to Brian Smith's Letter to the Editor of July 13, 2003.

Mayor Justice: Mayor Justice noted the DOH will be at the July COW for Beechurst Avenue and Councilors have been asked which Boards and Commissions appointments they desire. Mayor Justice commented on the flooding and thanked City staff, BOPARC staff, and Councilors; can meet with Dan Boroff on issues, subterranean bridge, spoke to Legislative subcommittee on Planning & Zoning, County Commission at August COW, Patty Loveless concert reminder.

Mayor Justice announced a 10 minute break at 8:45pm.

EXECUTIVE SESSION:

Motion by Bane, second by Byrne, to go into an executive session pursuant to Section

6-9A-4-2 of the West Virginia Code in order to discuss personnel matters with the following persons present: Mayor Ron Justice, Council Members and City Manager. Time: 8:55pm.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 10:00p.m.

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City Clerk Mayor

*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.